You have to write an essay in answering this question-
” Throughout all Australian legal systems children under the age of ten are considered to be too young to form criminal intent (mens rea). Discuss the appropriateness of this age limit in responding to offences committed by children”.
The part of the question “Discuss the appropriate of this age” it is asking to present arguments for and against that age of ten and then reach an informed conclusion
The part of the question asking about “responding to offences committed by children” is just asking you to consider in your discussion the category of “child” and any differences this status may make when debating offending and criminal responsibility. you can mention the age of criminal responsibility used in other countries as part of your discussion. ‘
Your discussion can be about whether or not a child aged 10 can form criminal intent, and it can also include comment on the potential effects of ‘adulteration’ processes, that is the blurring of the child/adult distinction in the system.
The core of this essay question is a ‘discussion’ on the age of criminal responsibility and whether Australia’s age, currently set at 10, is appropriate or not., it is okay to discuss the ‘rebuttable presumption’ for 10-14 year olds.
you have to also use and mention the Doli incapax to answer the question.
You have to use a minimum of seven scholarly sources (eg journal articles, book chapters and respected government websites).
You must acknowledge the ideas of others, reference direct quotes properly using the Harvard referencing system and include a reference list at the end.
View points need to be substantiated using relevant literature, empirical evidence and convincing arguments.
I will upload three required reading that you must use and reference.
these are :
Bryan-Hancock, C & Casey, S 2011, ‘Young people and the justice system: Consideration of maturity in criminal responsibility’, Psychiatry, Psychology and Law, vol. 18, no. 1, pp. 69-78.
Goldston, B 2013, ‘Unsafe, unjust and harmful to wider society’: Grounds for raising the minimum age of criminal responsibility in Enlgand and Wales’, Youth Justice, vol. 13, no. 2, pp. 111-130.
Weijers, I & Grisso, T 2009, ‘Criminal responsibility of adolescents: Youth as junior citizenship’, in J Junger-Tas and F Dunker (eds.), Reforming Juvenile Justice, Springer-Verlag, New York, pp. 45-67.
I will also upload other resources that will be help ful in answering the question, but the three required reading is a must ( you have to use them regardless).
and last point you need to show an attempt to engage with the research by extracting evidence (e.g. statistical or interview data) from the sources to support claims made in the discussion.
make my essay simple and easy to read and follow.
